Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise
Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but her and her family have a lot of money so she is trying to railroad me and I don’t have a full understanding of how everything works. Her lawyer is a bully and she was emailing me at 1:30am and what she was saying was outrageous like maybe she was under the influence. I obviously can’t say that with any certainty but it was definitely odd.
A: You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.
You ask an excellent question!
To give you a direct response to the question of whether you can request food logs from your wife's attorney, yes, you are more than welcome to send opposing counsel a request for the logs. However, that does not necessarily mean that they have to respond or that they have to provide them. Generally, proper procedures have to be used within specific timeframes.
Your question really drives at the "information collection" stage of a case. This is commonly referred to as "discovery." Discovery can be a rather complicated and nuanced topic as there are several sets of laws at play (evidence, civil procedure, statute, case law, etc.) - especially when we start talking about medical records and attempting to prove that your child has a medical condition and that your wife has permitted the child's condition to worsen.
Given the degree of complexity, I highly suggest that you seek out and retain counsel to represent you through this case. I also understand that attorneys are very costly and are just out of the budget sometimes. I suggest that you contact Metro Volunteer Lawyers (a legal services organization in Denver, CO) to see if they are able to help you or point you in the direction of services that might be more appropriate. They can be contacted at: (303) 830-8210.
I sincerely wish you and yours only the absolute best.
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